Republic of the Philippines)

Cebu City……………….\)s.s.

AFFIDAVIT-COMPLAINT

I, ANDREW S. AZNAR, of legal age, Filipino, married,

and a resident of _______________________, under oath depose
and state:

1. That sometime in the year 2004, Boy Sajuela with

present address at 136 Catleya Homes P. Cruz Street,
Pinagbuhatan, Pasig City, Metro Manila approached and
expressed his intention of borrowing a sum of money as
additional capital of his business.

2. Boy Sajuela represented that he is a merchant

with business which has a good credit standing as showed
that he has been extended a checking account with one of
the reputable bank; that with his business he has the means
with which to pay the amount he intended to borrow, and to
further induce me to part with the amount he proposed to
borrow he expressed readiness to issue and draw from his
checking account with Bank of Commerce the equivalent
amount he proposed to borrow through postdated checks.

2. That trusting on the representations and

assurances of Boy Sajuela: (a) that he is into business and
has a good credit standing, (b) that with his business he has
the means to pay the amount he intended to borrow, (c) that
to assure payment of the amount he proposed to borrow he
would issue the postdated checks, and (d) that the checks
she will issue is good and will be funded on or before the
due date, I was persuaded to let him borrow the sum of
Eighty Thousand Pesos (P\80,000.00).

3. That Boy Sajuela’s postdated Bank of Commerce

checks were drawn against his checking account with Bank
of Commerce, Cebu Branch, CAP Building, Osmeña
Boulevard, Cebu City. The postdated Bank of Commerce
checks issued are:

CHECK NUMBER DATE AMOUNT

Bank of Commerce CEB0146535 February 30, 2004
P\ 20,000.00
Bank of Commerce CEB0146536 April 30, 2004
20,000.00
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Bank of Commerce CEB0146537 June 30, 2004

20,000.00
Bank of Commerce CEB0146538 August 30, 2004
20,000.00

4. That upon the due date of the above-mentioned

checks, I then caused the same to be deposited to our
account with United Coconut Planter’s Bank, SM City
Cebu Branch, Cebu City.

5. That particularly on the due dates and contrary to

the representations and assurances of Boy Sajuela, the
above-mentioned checks could not be credited to my
account as it was dishonored by the drawee bank for the
reason of “ACCOUNT CLOSED”.

6. That moreover Boy Sajuela’s sugar coated

promises, representations about his business, good credit
standing, assurances that with his business he has the
means to pay the amount he borrowed and warranties that
the postdated checks will be funded on/or before the due
dates, turned out to be merely a scheme and deceit to
induce me to part the sum of Eighty Thousand Pesos
(P\80,000.00), in that:

(a) the assurances he gave about his business turned

out to be false as he did not have after all the
magnitude of the business he represented;
(b) the assurances and representations he made
about his alleged good credit standing, his alleged
capacity to pay turned out to be false;
(c) the warranties about his checking account and
the assurances that the check will be made good
and funded on or before the due date were deceitful
as shown by the fact that the checking account had
been drawn against closed account and as shown by
the fact that he did not have the supposed money in
his account to pay the amount he borrowed and that
he does not have the money to make good the
checks he issued to pay for his obligation.

7. That had it not been for the sugar coated

promises, representations and assurances about his
business, good credit standing and affirmation about his
means to pay the amount he borrowed coupled with the
warranties that the postdated checks will be funded on/or
before the due dates, I would certainly not have allowed him
to borrow and I would not have parted my money.
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8. That the fraudulent representations and false

assurances of Boy Sajuela about his business, good credit
standing and deceitful affirmation of his means to pay the
amount he borrowed and fraudulent assurances that the
postdated checks are good and will be funded on/or before
the due dates constitutes the crime of Estafa punishable in
accordance with paragraph 2 (a) and (d) Article 315 of the
Revised Penal Code which provides:

“Article 315 Swindling (estafa).—Any

person who shall defraud another by any of he
means mentioned hereinbelow indicated shall
be punished by:

2. By means of any of the following

false pretenses or fraudulent acts executed
prior to or simultaneously with the commission
of fraud:

(a) By xxx falsely pretending to posses

xxx credit, business; or by other similar
deceits.

xxx

(d) By postdating a check or issuing a

check in payment of an obligation when the
offender had no funds in the bank or his funds
deposited therein were not sufficient to cover
the amount of the check. The failure of the
drawer of the check to deposit the amount
necessary to cover his check within three (3)
days from receipt of notice from the bank
and/or the payee or holder that the said check
has been dishonored for lack or insufficient of
funds shall be prima facie evidence of deceit
constituting false pretenses or fraudulent act.

9. That, notice of dishonor was sent to Boy Sajuela

informing him of the dishonor of the above-mentioned
checks sent to his former and present address and at the
same time directing him to redeem the checks and/or pay in
full the value of the checks he issued. A copy of the demand
letters dated 21 November 2004 sent through LBC is hereto
attached as annex “B” and “B-1”, LBC Official Receipt No.
_____________ and _____________as annex “B-2” and “B-3”, and
the LBC Dispatch Delivery Report evidencing receipt of the
notice of dishonor as annex “B-4” and “B-5”.

10. That, however, despite repeated prior oral and

written demands, Boy Sajuela failed and refused and
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continues to fail and refuses to redeem the dishonored

checks or pay in full the value of the checks he issued.

11. That I execute this affidavit to attest the

truthfulness of the foregoing facts and to support the
complaint for (a) violation of paragraph 2 (a) and (d) Article
315 of the Revised Penal Code, and; (b) violation of Batas
Pambansa Bilang 22 against Boy Sajuela.

IN WITNESS WHEREOF, I have hereunto affixed my

signature on this ____th day of January 2005 at Cebu City,
Philippines.

ANDREW S.
AZNAR
Affiant

SUBSCRIBED AND SWORN TO before me this ____th

day of January 2005 at Cebu City, Philippines. I hereby
certify that I have personally examined the affiant and was
satisfied that he understood the contents of his affidavit and
the same is his free and voluntary act.